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GLENDALE WATER & S. DIST. v. CITY & COUNTY OF DENVER

No. 21880.

436 P.2d 669 (1968)

GLENDALE WATER AND SANITATION DISTRICT, a Colorado corporation, and Denver Mortar and Materials Company, a Colorado corporation, Plaintiffs in Error, v. CITY AND COUNTY OF DENVER, a Municipal corporation, Defendant in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied February 19, 1968.

Attorney(s) appearing for the Case

Cranston & Arthur, Maurice Reuler, Denver, for plaintiff in error, Glendale Water and Sanitation Dist.

Clarence L. Bartholic, Denver, for plaintiff in error, Denver Mortar and Materials Co.

Max P. Zall, City Atty., Earl T. Thrasher and Robert M. Kelley, Asst. City Attys., Denver, for defendant in error.

MOORE, Chief Justice.

We will refer to the Glendale Water & Sanitation District as the District; to Denver Mortar and Materials Company as Mortar Company; and to the City and County of Denver as the City.

In August 1960, in the district court of Arapahoe county, civil action No. 15534 was filed by the City against the District and another defendant known as C. & H. Contractors. The last named defendant was dismissed from the action and is not now before...

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